Gun Control & RKBA
In reply to the discussion: CeaseFire employee/gang member charged with kidnapping and rape [View all]jimmy the one
(2,708 posts)Johnston: Which has what to do with any of those people? Martha Stewart-conspiracy, obstruction of an agency proceeding, and making false statements to federal investigators
Blowing smoke Johnston; you fail to acknowledge you hadn't a clue that the 1986 fopa law had somewhat superseded the gun control act of 1968, and that former convicted felons could have their alleged 'gun right's restored to them.
Let me review what you'd said:
Johnston first said: Is that a serious question? If it is, then you don't know the law. Under the Gun Control Act, it is a five year mandatory minimum of being a felon in possession. Any felon including John Dean and Martha Stewart.
I then posted wiki: 1986 FOPA (firearm owners protection act): Clarification of prohibited persons The older Gun Control Act of 1968 prohibits firearms ownership in the US by certain categories of individuals thought to pose a threat to public safety.. The list was later augmented, modified, and clarified in the Firearm Owners Protection Act of 1986. The 1986 list is:
1 ##Anyone who has been convicted in any court of a felony punishable by imprisonment for a term exceeding one year, excluding those crimes punishable by imprisonment related to the regulation of business practices, whose full civil rights have not been restored by the State in which the firearms disability was first imposed.
http://en.wikipedia.org/wiki/Firearm_Owners_Protection_Act
In other words Johnston, when you wrote this: Under the {1968} Gun Control Act, it is a five year mandatory minimum of being a felon in possession. Any felon including John Dean and Martha Stewart. --- you were wrong about the 1968 guncontrol act still being absolute in affecting a mandatory sentence, weren't you? man up & admit it.
A crowning achievement {re NRA} was the Firearm Owners Protection Act {FOPA} of 1986, which significantly loosened federal gun laws. ... When it came to felons gun rights, the legislation essentially left the matter up to states. The federal gun restrictions would no longer apply if a state had restored a felons civil rights to vote, sit on a jury and hold public office and the individual faced no other firearms prohibitions. .... after the law passed that thousands of felons, including those convicted of violent crimes, in his state would suddenly be getting their gun rights back...
Until then, the avenues for restoration had been narrow and few:.. By contrast, the restoration of civil rights, which is now central to regaining gun rights, is relatively routine, automatic in many states upon completion of a sentence.
Today, in at least 11 states, including Kansas, Ohio, Minnesota and Rhode Island, restoration of firearms rights is automatic, without any review, for many nonviolent felons, usually once they finish their sentences, or after amount of time crime-free. Even violent felons may petition to have firearm rights restored in {some} states..
http://www.nytimes.com/2011/11/14/us/felons-finding-it-easy-to-regain-gun-rights.html?pagewanted=all&_r=0
Note that a court approved catch 22 exists, where misdemeanants who did not have their civil rights taken away, & are convicted of misdemeanor domestic abuse, cannot get guns back since their civil rights cannot be restored since never taken away.